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The Fifth Civil and Commercial Court of Appeals, in an order dated March 18, 2025, acknowledged receipt of the Supreme Court's dismissal of the cassation appeal and ordered notification to the parties.
Exp. 01165-2021-01490 · Summary Action for Abuse of Right and Damages
The Fifth Civil and Commercial Court of Appeals, in an order dated March 18, 2025, acknowledged receipt of the Supreme Court's dismissal of the cassation appeal and ordered notification to the parties.
Alimentos para Animales, S.A., an entity within the Avícola Villalobos Group, filed a summary civil action for abuse of right and damages against Lisa, S.A., alleging that Lisa's criminal complaint of February 2, 2018 constituted an abusive exercise of the right of action. The Fifteenth Multi-Judge First Instance Civil Court dismissed the claim and ordered the plaintiff to pay costs, finding that the criminal complaint was never directed against Alimentos para Animales. The Fifth Civil and Commercial Court of Appeals affirmed the judgment in full, and the Supreme Court dismissed the cassation appeal, leaving the dismissal final at every level.
The Fifth Civil and Commercial Court of Appeals denied the appeal filed by Alimentos para Animales, S.A. and affirmed in full the April 5, 2023 judgment of the Fifteenth Multi-Judge First Instance Civil Court, which dismissed the summary abuse-of-right and damages claim brought against Lisa, S.A.
Alimentos para Animales, S.A. alleged that Lisa committed abuse of right by filing a criminal complaint on February 2, 2018 before the Seventh Criminal Court of First Instance (Expediente 01079-2018-00056), which was dismissed at a hearing on August 3, 2018. The first-instance court upheld Lisa's peremptory exceptions (lack of the elements required for abuse of right, lack of standing of the plaintiff, and lack of standing of the defendant), rejected Lisa's prescription exception, dismissed the claim, and ordered Alimentos para Animales to pay costs.
The appellant raised three grievances: that the trial court failed to properly evaluate the documentary evidence, that its membership in the Avícola Villalobos Group established its standing to sue, and that for the same reason the exception of lack of standing of the defendant should be overturned. The Court established a dispositive fact: the criminal complaint was brought against various legal entities and natural persons, but Alimentos para Animales, S.A. was not among them. Because the criminal action was not directed against the plaintiff, the material link necessary to establish abuse of right was absent.
This proceeding reflects the Avícola Villalobos Group's pattern of litigation against Lisa, S.A.: a Group entity brought an abuse-of-right claim against Lisa for the legitimate exercise of its right to file a criminal complaint, seeking damages arising from a complaint that was not even directed against the plaintiff. The claim was rejected at first instance, affirmed on appeal, and the plaintiff ordered to pay costs.
The Fifth Civil and Commercial Court of Appeals, in an order dated March 18, 2025, acknowledged receipt of the February 21, 2025 communication from the Civil Chamber of the Supreme Court, which transmitted a certified copy of the June 14, 2024 ruling dismissing the cassation appeal identified as Case 01002-2023-00841. The Court took note of the decision and ordered notification to the parties.
With the dismissal of the cassation, the judgment rejecting the abuse-of-right claim against Lisa, S.A. became final at every level. Lisa prevailed at each stage of the proceeding, and Alimentos para Animales, S.A. was ordered to pay costs.
| Date | Document | Issued by |
|---|---|---|
| Jun 22 2023 | Appeal Ruling | Court of Appeals |
| Mar 18 2025 | Cassation Ruling | Court of Appeals |
The proceeding has concluded definitively. The dismissal of the cassation appeal leaves the rejection of the abuse-of-right claim final, with no further appeals available.